배당이의
1. The instant lawsuit was concluded on July 5, 2018 as the withdrawal of the lawsuit.
2. The costs of lawsuit after the completion of the lawsuit are individually considered.
When a person who has raised an objection to a distribution schedule fails to appear on the first date for pleading of a lawsuit of demurrer against distribution (Article 158 of the Civil Execution Act). The fact that the Plaintiff was not present on July 5, 2018, which is the first date for pleading, even after being notified of the legitimate date for pleading in this case, is apparent in the record.
Therefore, the instant lawsuit was concluded on July 5, 2018 as the withdrawal of the lawsuit.
On the other hand, the court should declare the completion of the lawsuit ex officio in case where the lawsuit has been proceeded with while the lawsuit has been completed.
(see, e.g., Supreme Court Decision 2010Da103048, Apr. 28, 2011). Therefore, in order to clarify the termination of the instant lawsuit, the instant court decides to declare the termination of the lawsuit and rendered a judgment as per Disposition.